Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Control of company

  • 26 Mar 2013

    JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

    Citation
    JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA156/2010

    The appeal was allowed because the 1st plaintiff established a prima facie case that the documents sought (Items B, C and H) exist, are relevant to the issues of beneficial ownership and control, and are likely to be within the 1st defendant's possession, custody or control given his role and deployment of subordinates and use of corporate vehicles; the defendant's objections were unsubstantial and the court appropriately exercised its discretion to order specific discovery.

  • 18 Jan 2013

    HKSAR v. HUNG FAN KIT

    Citation
    HKSAR v. HUNG FAN KIT
    Court
    Court of Appeal
    Case number
    CACC399/2011

    Conviction on charge two was quashed because, on the evidence, the property in the diamonds passed to Diamond Station Ltd on the raising of invoices and there was no proof of dishonesty at the time of that passing; conviction on charge one was upheld because evidence supported that the applicant controlled Diamond Station Ltd, had access to the safe and, absent explanation, it was an irresistible inference he dishonestly appropriated the 49 jewels; sentence on charge one reduced from three years to two years imprisonment in light of mitigating factors.